Filing For a Divorce in Thailand

The increasing numbers of foreign nationals living in Thailand have inevitably led to an escalation of divorce cases. These cases are generally attributed to the difference in cultural and language backgrounds between the two parties. It is important to seek legal assistance from a lawyer before filing for a divorce in Thailand.

1. The most common way to file for a divorce in Thailand is based on the mutual consent of both spouses.

This option is often favored by Thai couples because it allows them to avoid further conflict between themselves and their families. It also minimizes the cost of obtaining a divorce in Thailand.

2. This method is available only when the marriage was registered at a local District Office (Khet or Amphur).

The couple must be in agreement on all aspects of the separation such as custody rights and marital property before they can proceed with an uncontested divorce.

3. This is a more difficult process that requires the help of an experienced Thai family law attorney.

4. This type of divorce is based on the grounds that are set out in Section 1516 of the Thai Civil and Commercial Code.

5. This is a more complicated procedure that involves several court appearances and the representation of a Thai lawyer.

6. This is a more costly process than an uncontested divorce.

The cost to file for a divorce in Thailand is 50 Baht per party. This fee covers a landscape sized divorce certificate and the translation into Thai of the documents you submit.

7. It is essential to have a valid passport and Thai identity card.

8. The process is simple if both parties agree to it.

If you are a foreigner, you will need to present a legalised copy of your passport and your Thai ID card. Both you and your Thai spouse will need to sign a form at the district office.

9. The procedure will take one day to complete if you have all the correct documentation.

10. The division of the marital property is equal.

In Thailand, all of the marital assets and debts are considered to be jointly owned by both spouses when a marriage begins. Upon the dissolution of the marriage, these properties are divided equally between the parties.

Moreover, common debts incurred by both parties during the course of the marriage are also considered to be jointly owned. These debts are apportioned according to the law and individual facts of the case.

During the divorce process, the couple may also request for alimony. Known as “maintenance” in Thai law, it is requested by one or both spouses to support their former partner financially. This is usually awarded by the Thai courts in a contested divorce, but can also be provided by an administrative divorce if both parties have agreed to it.

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